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when traveling via motorcycle.....

Discussion in 'General Gun Discussions' started by rlj174, Jan 11, 2016.

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  1. Speedo66

    Speedo66 Member

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    What do they say about a snowball and Hell?
     
  2. j1

    j1 Member

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    J1

    Bad situation. I would not carry.
     
  3. bearcreek

    bearcreek Member

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    You can ride through, you just can't stay over night and you're pushing it to stop to eat. The gun can't be loaded or readily accessible. When I'm going through a commie state I stop on the free side of the border and make sure everything is unloaded and secured legally. I make sure I've got plenty of gas and don't need a bathroom break and then make the run through, religiously following all traffic laws. Hassle, but it is what it is for now.
     
  4. Sam1911

    Sam1911 Moderator Emeritus

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    These things are obviously not so cut and dried.

    There is nothing in the FOPA that says your passage through a state cannot include a necessary stopover to sleep or eat. Passing through some states it would be nearly impossible NOT to stop like that (and if your passage through is not in a motor vehicle ... hmmm... different thread...)

    However the state you're passing through must not be your destination (or A destination), and intentional lingering, touristing, visiting, etc. would certainly call that into question.

    What is important to understand about FOPA's safe passage provision is that it is an "affirmative defense." That means that you go ahead and violate state law by having those firearms, and if you get caught, arrested, and put on trial, you can then invoke FOPA and argue for your guilt under the state law to be absolved by dint of the federal law.

    Several things to remember there:
    1) You can absolutely still be arrested, held, and put on trial. Lawyers, money, time away from work, jail... You don't get that back just because eventually you will "win" the case.
    2) The burden will be on you, once you've got your lawyer and you're on trial, to prove that your actions fell under FOPA. You will clearly be in violation of the state law, slam dunk case, and you must show the court that you met the FOPA provisions exactly and so therefore must be released. Those assertions you make will be rebuttable. If you say, "Your honor, I was just passing through..." and the prosecution says, "Your honor, he clearly was not! He spent 3 days visiting his aunt and seeing the sights..." (or, attended his son's basketball game at XYZ University...) your FOPA protection probably just disappeared.
     
  5. X-Rap

    X-Rap Member

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    There are many considerations regarding interstate transport and to me when I feel I must rely on the FOPA to protect me I will go unarmed, especially while on a bike.
    It's a shame but there are about 36 states at last count that honor my permit and a few others that either allow open carry or at least allow a gun in the cab. I will work around those situations but in a state like NY or MD and probably a few others, you could as Sam points out, expect to spend some time, trouble and a pot of money for having a locked, unloaded, disassembled handgun in your possession.
    I think it's impossible to be able to decipher all the possible nuances of all the gunlaws in the country but I never travel without looking at the reputable online sites and take heed of the obvious laws.
     
  6. Glock Holiday

    Glock Holiday Member

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    If I'm going out on one of my motorcycles I usually front pocket pants carry my Ruger LCP.
     
    Last edited: Jan 16, 2016
  7. DaisyCutter

    DaisyCutter Member

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    Arizona
    I've never ever been discovered taking a gun & knife into an event, including the Cards/Packers game last night. LEOs have a process to declare it, but honestly, I've always figured I'd declare it if/when discovered.

    It's never happened.

    Inattentive, complacent, fatigued security and a little tradecraft goes a long way.

    If I wasn't LEO, then I'd probably leave the gun and take a knife. Clip it on the front of your undies, behind a metal belt buckle. Security won't ever do a crotch grab, not in a million years. If you set off an alarm, they'll do a visual, see the belt buckle, and then wave you through.

    After the checkpoint move the knife to a pocket.

    Even a sturdy belt with a metal buckle is a good defensive weapon in a pinch.
     
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